Smith v. Higginbotham

YOUNG, Justice.

A previous trial of this cause was appealed and reference may be had to Smith v. Higginbotham, Tex.Civ.App., 112 S.W.2d 770, for facts concerning the parties and subject-matter, without necessity of restatement. A second trial was had in the January, 1939, term of the 116th District Court; the movant, or quasi-plaintiff, Irene Smith and husband, relying on their statutory motion for new trial, or self-styled “bill of review”, filed April 30, 1936, to which the Higginbothams, Trustees, here designated defendants, filed second amended original answer on December 3, 1938. A motion…